1. Case Overview π
Our client (Defendant) was a wife who had devotedly raised her children and protected her family for approximately 20 years of marriage. However, the husband (Plaintiff) committed adultery, and upon being discovered, he left the house and continued the affair with another woman, filing a divorce lawsuit against our client. The husband strongly demanded a divorce, claiming that the marriage was already irreparably broken.
2. Attorney Seo Yuri's Assistance and Victory Points (Detailed Judgment Citation) π‘
As the Defendant's representative, I focused on proving that the husband was a 'culpable spouse,' and the court sided with us based on the following specific grounds:
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Proof of Violation of Marital Duty: We strongly pointed out that the Plaintiff had committed adultery with another woman during the marriage, violating his duty of fidelity, and that he had completely failed to fulfill his duties of cohabitation, support, and cooperation even after leaving home.
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Securing Justification for Refusal of Divorce: The court stated in the judgment that "the Defendant tried to restore the relationship even after learning of the Plaintiff's adultery, but the Plaintiff refused any marital counseling and only demanded a divorce."
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Clarifying the Primary Responsibility for the Breakdown of the Marriage: The court ruled that even if there were conflicts between the couple, the ultimate and decisive responsibility for the breakdown ultimately lies with "the Plaintiff, who committed adultery, left home, and severed the relationship."
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Successful Legal Defense: We clearly stated that a culpable spouse's claim for divorce is not permitted in principle, proving that the Plaintiff's claim had no legal basis.
3. Result: Plaintiff's Divorce Claim Dismissed in its Entirety! βοΈ
The Ulsan Family Court fully accepted my arguments and ruled that "the Plaintiff cannot seek a divorce based on the breakdown of the marital relationship," dismissing the Plaintiff's divorce claim. As a result, the client was able to protect her family from an unjust divorce demand.
4. Conclusion πΈ
A culpable spouse's unreasonable claim of "I was wrong, but the relationship is bad anyway, so let's get a divorce" is unlikely to be accepted in court. π€ As stated in the judgment, the party who caused the breakdown of the marriage has no right to demand a divorce. πͺ If you are suffering from the outrageous behavior of the other party who has committed wrongdoing, please consult with an expert who can respond with clear case law interpretation and evidence to protect your precious family.